Tesser Ryan Blog

New York County Supreme Court Finds that Administrative Agency’s Denial of Handgun Permit was not Arbitrary or Capricious

A recent decision from the New York County Supreme Court discusses the burden that a party must meet in order to overturn an administrative decision. The case involved issues of administrative law and civil practice.

The case, James v. Kelly, 103219/10, NYLJ 1202518923167 (Sup Ct. N.Y. County, October 12, 2011), involved a former Corrections Officer who was denied a handgun permit. The New York City Police Commissioner denied the application after discovering that the applicant lacked candor and lied about the basis of his termination from the New York City Department of Corrections. Upholding the Commissioner’s decision, the Court noted that the decision was not arbitrary and capricious or an abuse of discretion.

At Tesser, Ryan & Rochman, LLP, their attorneys have years of experience in Administrative Law and working with administrative agencies. Their attorneys can advise clients on how to best approach a challenge to an agency’s actions.

About Post Author

Timothy Nolen is the Senior Associate at Tesser, Ryan & Rochman, LLP.
Prior to his association with Tesser, Ryan & Rochman, Mr. Nolen worked for the Kings County District Attorney’s Office and the New York County District Attorney’s Office.
Before attending law school, Mr. Nolen graduated from Williams College with a B.A. in History and was an All-American springboard diver. He graduated with honors from the Benjamin N. Cardozo School of Law in 2010, where he served on the Journal of Law and Gender and the Bet Tzedek Legal Services Clinic.
Mr. Nolen has been published in the Cardozo Journal of Law and Gender and is a member of the New York State Bar Association and the New York County Lawyers Association.
Mr. Nolen is from Ware, Massachusetts and is licensed to practice law in the states of New York and Massachusetts.

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